Age discrimination? I was laid off as an administrative assistant.

This is a discussion on Age discrimination? I was laid off as an administrative assistant. within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; I was laid off as an administrative assistant after working for a private engineering firm for 18 years. I went ...

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Old Sep 3rd, 2011, 04:17 PM   #1
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Unhappy Age discrimination? I was laid off as an administrative assistant.

I was laid off as an administrative assistant after working for a private engineering firm for 18 years. I went to work and was told that I would be laid off that day because of the economy.
I am 62 years old, have been a loyal and dedicated worker and never had a poor performance evaluation. They kept on a friend that I brought in to the company who is in her 40's and has been with the company for only 8 years. I was given 1 month severance and the vacation days that I am owed.
I was given a 3 page letter to review and sign within 21 days. In that letter, it states that I understand that I cannot sue them.
If the company turns around and hires someone, even part-tim,e for a similar position, do I have any grounds for an age discrimination suit?
Any advice on this matter is sincerely appreciated.
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Old Sep 3rd, 2011, 10:07 PM   #2
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Default re: Age discrimination? I was laid off as an administrative assistant.

I wish to inform you that you may file a suit if age discrimination can be shown. In this regard as there is employment at will thus your employer may terminate you at any time. If while terminating you or before or after termination any reason was found which shows that because of your age you were terminated then a lawsuit can be filed for discrimination. Age factor can be inferred from any statement of management either to you or any person or from any communication reflecting that a younger person is required.

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Old Sep 6th, 2011, 01:52 PM   #3
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Default Re: Age discrimination? I was laid off as an administrative assistant.

If I am reading your post correctly, your former employer wants you to sign an agreement that you will not sue in exchange for your receipt of the severance money. You definitely need to consult a plaintiff-side employment attorney immediately prior to signing anything.

While it remains far from clear that your former employer has engaged in age discrimination based on the limited information provided in your post, you nonetheless will want to confer directly with an attorney to weigh whether (1) you should accept the severance and forgo the possibility of bringing a lawsuit or (2) you should forgo the severance and consider further bringing legal action.
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Old Sep 7th, 2011, 06:56 AM   #4
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Default Re: Age discrimination? I was laid off as an administrative assistant.

Do you possess good performance record based on your performance in the firm and can you prove that the salary fixed for the new employee is not very lower than yours, if so there is a scope to file a age discrimination suit against the firm.
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Old Sep 9th, 2011, 02:10 AM   #5
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Default Re: Age discrimination? I was laid off as an administrative assistant.

I expressed this in the most professional manner ..........I could muster and two hours later I was fired. I want to know if......... I have a case for wrongful termination.PLEASE TELL ME.


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Old Sep 9th, 2011, 12:32 PM   #6
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Default Re: Age discrimination? I was laid off as an administrative assistant.

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I expressed this in the most professional manner ..........I could muster and two hours later I was fired. I want to know if......... I have a case for wrongful termination.PLEASE TELL ME.


No. You do not have a case for wrongful termination.

If they hire someone down the road, they can reasonably argue that the position came open again. Since they haven't hired anyone since they terminated your position, you have no grounds.

The letter they want you to sign is dubious, however, and it would be a good idea to consult with your attorney regarding the contents.

If that letter contains any type of conditions - such as you must sign it in order to receive something from them - they cannot legally do that. They cannot put conditions on your severance package. It's illegal.

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Old May 18th, 2012, 06:59 PM   #7
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Yes, I am.

My manager called me an old wrinkled wart hog, and said my ass is flabby, too.

In hindsight, I realize that he's right, so I won't be suing anyone. Guess I'll make some sweaters for my grand kids instead.


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No. You do not have a case for wrongful termination.

If they hire someone down the road, they can reasonably argue that the position came open again. Since they haven't hired anyone since they terminated your position, you have no grounds.

The letter they want you to sign is dubious, however, and it would be a good idea to consult with your attorney regarding the contents.

If that letter contains any type of conditions - such as you must sign it in order to receive something from them - they cannot legally do that. They cannot put conditions on your severance package. It's illegal.

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Old May 19th, 2012, 11:26 AM   #8
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Default Re: Age discrimination? I was laid off as an administrative assistant.

See the Equal Opportunity Employment Commission Office in your state and they can determine if, with the given facts, you have a claim for their violation the federal law prohibiting age discrimination (TItle VII of the Civil RIghts Act).

Some employers riff out senior employees to avoid paying retirement percs, too.
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Old Jun 20th, 2012, 06:24 PM   #9
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Yes, I am.

My manager called me an old wrinkled wart hog, and said my ass is flabby, too.

In hindsight, I realize that he's right, so I won't be suing anyone. Guess I'll make some sweaters for my grand kids instead.
Good for your manager. I'm sure you deserved it.

I hope you learned a lesson from this experience.
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Old Jun 20th, 2012, 06:28 PM   #10
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Yes, I am.

My manager called me an old wrinkled wart hog, and said my ass is flabby, too.

In hindsight, I realize that he's right, so I won't be suing anyone. Guess I'll make some sweaters for my grand kids instead.
I'm so sorry to hear of your problem. I carry an otter with me to prevent those kinds of problems.
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